Nanny State

Nanny State

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Naturally Right

Somewhere Else

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42677
13 Jun 17
1 edit

The ECHR has extended its order requiring the hospital to continue life support until Sunday while it considers the case. http://www.independent.co.uk/news/health/charlie-gard-latest-news-stay-alive-life-support-european-court-human-rights-case-great-ormond-a7788011.html

The Order states:

Today, the European Court of Human Rights decided to continue to indicate to the United Kingdom Government that they should provide Charlie Gard, a baby suffering from a rare genetic disease, with such treatment and nursing care as may be appropriate to ensure that he suffers the least distress and retains the greatest dignity consistent, insofar as possible, with maintaining life.

On Tuesday 6 June 2017, in light of the UK High Court order permitting the withdrawal of Charlie Gard’s artificial ventilation and in anticipation of the decision by the UK Supreme Court to reject their appeal, Charlie Gard’s parents filed a request for an urgent interim measure (under Rule 39 of the Rules of Court) with the European Court. The applicants have not at this stage submitted a full, substantive application – the request was for an interim measure only. On Friday 9 June the Court initially granted the interim measure in the application Gard and Others v. the UK (no. 39793/17) in
order to allow the European Court to examine the request in a Chamber formation of seven judges
(see link to press release).

The Chamber has now given detailed consideration to the Rule 39 request and considers that serious and irreparable harm may occur if it lifts its Rule 39 indication before the Court can examine any application which may be submitted in this case.
At this stage in the procedure, the Court cannot prejudice any decision that it may ultimately make on the substance of the case. Therefore, in the interests of the parties and the proper conduct of the proceedings before it, it has indicated to the Government to prolong the application of the interim measure of 9 June 2017 until its decision on any substantive application that may be submitted. In the event that no substantive application is submitted, the interim measure shall be maintained until midnight on Monday 19 June 2017.

It has also been decided under Rule 331 that the documents in the case file should not be accessible to the public.

file:///C:/Users/no1marauder/Downloads/Gard%20and%20Others%20v.%20the%20UK%20-%20interim%20measure%20continued%20.pdf

Reading the Order it is a bigger deal than merely a six day reprieve. If the Gards file a substantive application (which they almost certainly will), the Court has indicated its willingness to "prolong the application of the interim measure .................... until its decision on any substantive application". Translating that into English from Legalese, that means that the Court has ordered the status quo to be maintained until it decides whether the English courts have erred.

Naturally Right

Somewhere Else

Joined
22 Jun 04
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13 Jun 17

Originally posted by no1marauder
The ECHR has extended its order requiring the hospital to continue life support until Sunday while it considers the case. http://www.independent.co.uk/news/health/charlie-gard-latest-news-stay-alive-life-support-european-court-human-rights-case-great-ormond-a7788011.html

The Order states:

Today, the European Court of Human Rights decided to continu ...[text shortened]... ordered the status quo to be maintained until it decides whether the English courts have erred.
Sorry, I'm sure that link won't work as it is a PDF download to my computer. You can get the file here: http://hudoc.echr.coe.int/eng-press#{"itemid":["003-5744700-7301406"]}

Civis Americanus Sum

New York

Joined
26 Dec 07
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17585
13 Jun 17

Originally posted by no1marauder
file:///C:/Users/no1marauder/Downloads/Gard%20and%20Others%20v.%20the%20UK%20-%20interim%20measure%20continued%20.pdf
[/b]
no1marauder is also the handle you used to name your own PC?

Naturally Right

Somewhere Else

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22 Jun 04
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42677
13 Jun 17

Originally posted by sh76
no1marauder is also the handle you used to name your own PC?
Why not?

I just got it a few months ago.

D

Joined
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2120
13 Jun 17
1 edit

Naturally Right

Somewhere Else

Joined
22 Jun 04
Moves
42677
20 Jun 17

As an update, as I expected the ECHR has ordered that life support for Charlie be continued until the Court reaches a final ruling. http://www.bbc.com/news/uk-england-london-40328607